VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00474
Package ID: USCOURTS-cofc-1_14-vv-00474
Petitioner: William Cartwright
Filed: 2014-06-04
Decided: 2015-01-05
Vaccine: influenza
Vaccination date: 2011-10-26
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 183871

AI-assisted case summary:
On June 4, 2014, William Cartwright filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on October 26, 2011. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Mr. Cartwright's SIRVA was more likely than not caused by the flu vaccine. The respondent specifically stated that the Division of Vaccine Injury Compensation had reviewed the facts and concluded that the petitioner experienced SIRVA within 48 hours of vaccination and that no other causes for the injury were identified. The respondent also acknowledged that Mr. Cartwright satisfied all other legal prerequisites for compensation under the Vaccine Act. Based on this concession, Special Master Brian H. Corcoran issued a ruling on September 16, 2014, finding that the petitioner was entitled to compensation for an injury caused-in-fact by a covered vaccine. A separate damages order was to follow. On December 15, 2014, the respondent filed a proffer proposing an award of compensation, which Special Master Corcoran reviewed and found reasonable. The Special Master adopted the proffer as his decision awarding damages. The award included a lump sum payment of $183,871.81, representing past lost earnings of $3,726.92, pain and suffering of $175,000.00, and past unreimbursable expenses of $5,144.89. The award was to be made in the form of a check payable to William Cartwright, who was described as a competent adult. Petitioner was represented by Ronald Homer of Conway, Homer & Chin-Caplan, P.C., and respondent was represented by Lisa Watts of the U.S. Department of Justice. The decision was not to be published.

Theory of causation field:
Petitioner William Cartwright alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 26, 2011. Respondent conceded that Petitioner's SIRVA was more likely than not caused by the vaccine, citing onset within 48 hours and no identified alternative causes. This concession, based on the "Table" theory of causation for SIRVA, led to a finding of entitlement by Special Master Brian H. Corcoran on September 16, 2014. Subsequently, on December 15, 2014, Special Master Corcoran adopted Respondent's proffer for damages, awarding a lump sum of $183,871.81, comprising $3,726.92 for past lost earnings, $175,000.00 for pain and suffering, and $5,144.89 for past unreimbursable expenses. Petitioner was represented by Ronald Homer, and Respondent by Lisa Watts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00474-0
Date issued/filed: 2014-10-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/16/2014) regarding 10 Ruling on Entitlement ( Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00474-UNJ Document 12 Filed 10/14/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-474V
(Filed September 16, 2014)
NOT TO BE PUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * *
WILLIAM CARTWRIGHT, *
* Special Master Corcoran
Petitioner, *
*
v. * Entitlement; Influenza Vaccine; SIRVA;
* Conceded
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner.
Lisa Watts, U.S. Dep’t of Justice, Washington, D.C., for Respondent.
RULING FINDING ENTITLEMENT1
On June 4, 2014, Petitioner William Cartwright filed a petition seeking compensation
under the National Vaccine Injury Compensation Program.2 Petitioner alleges that he suffered
from a shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving the
influenza (“flu”) vaccine on October 26, 2011.
1 Because this ruling contains a reasoned explanation for my action in this case, it will be posted on the website of
the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347,
§ 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that each party has 14 days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is
privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute
a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the ruling will be available to the public.
Id.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100
Stat. 3755 (codified as amended, 42 U.S.C.A. ' 300aa-10 – 34 (2006)) [hereinafter “Vaccine Act” or “the Act”].
Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:14-vv-00474-UNJ Document 12 Filed 10/14/14 Page 2 of 2
In the Rule 4(c) Report, Respondent indicated that the Petitioner’s claim is compensable
under the Act. Respondent specifically stated that the Division of Vaccine Injury Compensation
(DVIC), Department of Health and Human Services, has reviewed the facts of this case and has
concluded that “[P]etitioner’s SIRVA was more likely than not caused by the October 26, 2011,
flu vaccine” because he “experienced SIRVA within 48 hours of flu vaccine administration” and
“[n]o other causes for petitioner’s SIRVA have been identified.” Rule 4(c) Report at 4.
Additionally, the Rule 4(c) Report acknowledges that Petitioner has satisfied all the other legal
prerequisites for compensation under the Vaccine Act. Id. Respondent therefore concludes that
Petitioner is entitled to an award of damages.
In view of Respondent’s concession, and based on my own review of the record (See §
300aa-13(a)(1); 42 C.F.R. § 100.3 (a)(I)), I find that Petitioner is entitled to compensation for an
injury that was caused-in-fact by a covered vaccine. 42 C.F.R. §§ 100.3(a)(XIV), 100.3(b)(2). A
separate damages order will issue shortly.
Any questions may be directed to my law clerk, Ashley Yull, at (202) 357-6391.
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00474-1
Date issued/filed: 2015-01-05
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/15/2014) regarding 15 DECISION Stipulation/Proffer ( Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
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Case 1:14-vv-00474-UNJ Document 19 Filed 01/05/15 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-474V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
WILLIAM CARTWRIGHT, * Filed: December 15, 2014
*
* Decision by Proffer; Damages;
Petitioner, * Vaccine; Shoulder Injury
* Related to Vaccine Administration
v. * (“SIRVA”); Influenza (“flu”)
* Vaccine
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner.
Lisa Watts, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 4, 2014, William Cartwright filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 Petitioners alleged he suffered from a shoulder
injury related to vaccine administration (“SIRVA”) as a result of receiving the influenza (“flu”)
vaccination on October 26, 2011.
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted on the website of
the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347,
§ 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that each party has 14 days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is
privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute
a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the decision will be available to the
public. Id.
2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury
Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended, 42 U.S.C.A. ' 300aa-10 – 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:14-vv-00474-UNJ Document 19 Filed 01/05/15 Page 2 of 5
In her Rule 4(c) Report, filed on September 16, 2014, Respondent conceded that
Petitioner had suffered SIRVA that was more likely than not caused by receipt of the flu vaccine.
In view of Respondent’s concession, I issued a ruling that same day finding that Petitioner had
established that he was entitled to compensation for the injury, and subsequently issued an order
indicating that this case was ready for the damages phase. On December 15, 2014, Respondent
filed a proffer proposing an award of compensation.
I have reviewed the file, and based upon that review I conclude that the Respondent’s
proffer (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding
damages on the terms set forth therein.
The proffer awards:
 A lump sum payment of $183,871.81, representing Petitioner’s past lost earnings
($3,726.92), pain and suffering ($175,000.00), and past un-reimbursable expenses
($5,144.89) in the form of a check payable to Petitioner.
Proffer § 2.
I approve a Vaccine Program award in the requested amounts set forth above to be made
to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or
separately) a notice renouncing their right to seek review.
2

Case 1:14-vv-00474-UNJ Document 19 Filed 01/05/15 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
________________________________________
WILLIAM CARTWRIGHT, )
) ECF
Petitioner, )
)
v. ) No. 14-474V
) Special Master
SECRETARY OF HEALTH AND HUMAN ) Brian H. Corcoran
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Life Care Items
Respondent proffers that, based on the evidence of record, petitioner is unlikely to incur
future medical expenses as a result of his vaccine-related injury. See 42 U.S.C.
§300aa-15(a)(1)(A). Petitioner agrees.
B. Lost Earnings
The parties agree that based upon the evidence of record, petitioner has experienced a
past loss of earnings as a result of his vaccine-related injury in the amount of $3,726.92. See 42
U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
C. Pain and Suffering
Respondent proffers that petitioner should be awarded $175,000.00 in actual and
projected pain and suffering. See 42 U.S.C. § 300aa-15(a)(4), (f)(4)(A). Petitioner agrees.
1

Case 1:14-vv-00474-UNJ Document 19 Filed 01/05/15 Page 4 of 5
D. Past Un-reimbursable Expenses
Evidence supplied by petitioner documents his expenditure of past un-reimbursable
expenses related to his vaccine-related injury. 42 U.S.C. § 300aa-15(a)(1)(B). Respondent
proffers that petitioner should be awarded past un-reimbursable expenses in the amount of
$5,144.89. Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no Medicaid liens outstanding against him.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below, and request that the Special Master’s decision
and the Court’s judgment award the following:1
A. A lump sum payment of $183,871.81, representing petitioner’s past lost earnings
($3,726.92), pain and suffering ($175,000.00), and past un-reimbursable
expenses ($5,144.89) in the form of a check payable to petitioner.
1. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner for projected lost earnings, pain
and suffering, and past un-reimbursable expenses: $183,871.81
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move
the Court for appropriate relief. In particular, respondent would oppose any award for future
lost earnings and future pain and suffering.
2

Case 1:14-vv-00474-UNJ Document 19 Filed 01/05/15 Page 5 of 5
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
s/Lisa A. Watts
LISA A. WATTS
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4099
Dated: December 15, 2014.
3